April 04, 2012, 16:03
Rob HennekeWaiver of Right to Magistrate's Warning
A nearby county (with a small jail) is having arrested individuals that already have bond set sign a "Waiver of Right to Magistrates Warning" and then is releasing individuals immediately without presenting them to a magistrate.
Thoughts?
Are the CCP 14.06, 15.17, 38.30 & 38.31 requirements waivable?
April 05, 2012, 09:32
JohnRBad idea. Magistration already involves a waiver. Essentially, under this scheme, you're having them waive the process designed to inform them of their rights. Compare it to Miranda--what if instead a detective said, you know, I'm supposed to tell you a bunch of rights, but do you mind if I don't?